[HISTORY: Adopted by the Mayor and Council
of the Borough of Metuchen 9-26-1966 as Art. 3 of Ch. 10 of the 1966 Code. Amendments noted
where applicable.]
This chapter shall be known and may be cited
as the "Metuchen Anti-Litter Ordinance."
[Amended 7-20-1970 by Ord. No. 70-25]
For the purposes of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
Any contrivance now known or hereafter invented, used or
designated for navigation or for flight in the air. The word "aircraft"
shall include helicopters and lighter-than-air dirigibles and balloons.
A litter storage and collection receptacle as required and
authorized by this chapter.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, paper, booklet or any other printed or
otherwise reproduced original or copies of any matter of literature:
Which advertises for sale any merchandise, product,
commodity or thing; or
Which directs attention to any business or mercantile
or commercial establishment, or other activity, for the purpose of
either directly or indirectly promoting the interest thereof by sales;
or
Which directs attention to or advertises any
meeting, theatrical performance, exhibition or event of any kind for
which an admission fee is charged for the purpose of private gain
or profit, but the terms of this clause shall not apply where an admission
fee is charged or a collection is taken up for the purpose of defraying
the expenses incident to such meeting, theatrical performance, exhibition
or event of any kind when either of the same is held, given or takes
place in connection with the dissemination of information which is
not restricted under the ordinary rules of decency, good morals, public
peace, safety and good order, provided that nothing contained in this
clause shall be deemed to authorize the holding, giving or taking
place of any meeting, theatrical performance, exhibition or event
of any kind without a license, where such license is or may be required
by any law of this state or under any provision of this Code or other
ordinance of the borough; or
Which, while containing reading matter other
than advertising matter, is predominantly and essential an advertisement
and is distributed or circulated for advertising purposes or for the
private benefit and gain of any person so engaged as advertiser or
distributor.
Putrescible animal and vegetable wastes resulting from the
handling, preparation, cooking and consumption of food.
Garbage, refuse and rubbish, as defined herein, all other
waste material which, if thrown or deposited as prohibited by this
chapter, tends to create a danger to public health, safety and welfare,
and shall also include any construction material, equipment, scaffolding
and other related items used or usable in the erection, construction,
alteration or demolition of any building which is stored or left on
any premises contrary to any other law, code or ordinance of the borough.
Any newspaper of general circulation as defined by general
law, any newspaper duly entered with the United States Postal Service,
in accordance with federal statute or regulation and any newspaper
filed and recorded with and recording officer as provided by general
law; and, in addition thereto, "newspaper" shall mean and include
any periodical or current magazine regularly published with not less
than four issues per year, and sold to the public.
Any printed or written matter, any sample or device, dodger,
circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or
any other printed or otherwise reproduced original or copies of any
matter of literature not included in the aforesaid definitions of
a commercial handbill or newspaper.
A park, reservation, playground, recreation center or any
other public area in the borough, owned or used by the borough and
devoted to active or passive recreation.
Any dwelling, house, building or other structure, designed
or used either wholly or in part for private residential purposes,
whether inhabited or temporarily or continuously uninhabited or vacant,
and such term shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to such dwelling,
house, building or other structure.
All streets, sidewalks, boulevards, alleys or other public
ways and all public parks, squares, spaces, grounds and buildings.
All putrescible and nonputrescible solid wastes (except body
wastes), including garbage, rubbish, ashes, loose earth, street cleanings,
dead animals, abandoned, wrecked or disabled automobiles, bicycles,
boats or other transportation conveyances, and solid market and industrial
wastes.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, wood, glass, bedding, household and commercial
appliances, tires, crockery, junk scrap and other similar materials.
Every device, in, upon or by which any person or property
is or may be transported or drawn upon a highway, including devices
used exclusively upon stationary rails or tracks.
No person shall throw or deposit litter in or
upon any street, sidewalk or other public place within the borough
except in public receptacles or in authorized private receptacles
for collection or in official borough dumps.
Persons placing litter in public receptacles
or in authorized private receptacles shall do so in such a manner
as to prevent it from being carried or deposited by the elements upon
any street, sidewalk or other public place.
No person shall sweep into or deposit in any
gutter, street or other public place within the borough the accumulation
of litter from any building or lot or from any public or private sidewalk
or driveway. Persons owning or occupying property shall keep the sidewalk
in front of their premises free of litter.
No person owning or occupying a place of business
shall sweep into or deposit in any gutter, street or other public
place within the borough the accumulation of litter from any building
or lot or from any public or private driveway or sidewalk. Persons
owning or occupying places of business within the borough shall keep
the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a
vehicle, shall throw or deposit litter upon any street or other public
place within the borough.
No person shall drive or move any truck or other
vehicle within the borough unless such vehicle is so constructed or
loaded as to prevent any load or contents of litter from being blown
or deposited upon any street, alley or other public place. Nor shall
any person drive or move any vehicle or truck within the borough the
wheels or tires of which carry onto or deposit in any street, alley
or other public place, mud, dirt, sticky substances or foreign matter
of any kind.
No person shall throw or deposit litter in any
park within the borough except in public receptacles and in such a
manner that the litter will be prevented from being carried or deposited
by the elements upon any part of the park or upon any street or other
public place. Where public receptacles are not provided, all such
litter shall be carried away from the park by the persons responsible
for its presence and properly disposed of elsewhere.[1]
No person shall throw or deposit in any fountain,
pond, lake, stream or any other body of water in a park or elsewhere
within the borough.
No person shall throw or deposit litter on any
occupied private property within the borough, whether owned by such
person or not, except that the owner or person in control of private
property may maintain authorized private receptacles for collection
in such a manner that litter will be prevented from being carried
or deposited by the elements upon any street, sidewalk or other public
place or upon any private property.
The owner or person in control of any private
property shall at all times maintain the premises free of litter;
provided, however, that this section shall not prohibit the storage
of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any
open or vacant private property within the borough whether owned by
such person or not.
A.
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any sidewalk, street or other public
place within the borough, nor shall any person hand out or distribute
or sell any commercial handbill in any public places; provided, however,
that it shall not be unlawful on any sidewalk, street or other public
place within the borough for any person to hand out or distribute,
without charge to the receiver thereof, any noncommercial handbill
to any person willing to accept it.
B.
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any vehicle; provided, however,
that it shall not be unlawful in any public place for a person to
hand out or distribute, without charge to the receiver thereof, a
noncommercial handbill to any occupant of a vehicle who is willing
to accept it.
C.
No person shall throw or deposit any commercial or
noncommercial handbill in or upon any private premises which are temporarily
or continuously uninhabited or vacant.
D.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill in or upon private premises which are inhabited,
except by handing or transmitting any such bill directly to the owner,
occupant or other person then present in or upon such private premises
or, in the case of inhabited private premises which are not posted
as further provided in this chapter and unless requested by anyone
upon such premises not to do so, except by placing or depositing such
handbill on the porch, door or other part of the entrance of the dwelling
on such premises in such a way as to secure or prevent such handbill
from being blown or drifted about such premises, sidewalks, streets
or other public places and except that mail boxes may not be used
when so prohibited by federal postal regulations. The provisions of
this section shall not apply to the distribution of mail by the United
States.
[Amended 3-19-1973 by Ord. No. 73-4]
E.
No person shall throw, deposit or distribute any commercial
or noncommercial handbill upon any private premises, if required by
anyone thereon not to do so, or if there is placed on such premises
in a conspicuous position near the entrance thereof a sign bearing
the words: "No Trespassing," "No Peddlers or Agents," "No Advertisements"
or any similar notice indicating in any manner that the occupants
of such premises do not desire to be molested or have their right
of privacy disturbed or to have any such handbills left upon such
premises.
No person shall post or affix any notice, poster
or other paper or device calculated to attract the attention of the
public to any lamp post, public utility pole or shade tree, or upon
any public structure or building, except as may be authorized or required
by law.
No person in an aircraft shall throw out, drop
or deposit within the borough any litter, handbill or any other object.
[Amended 11-9-1987 by Ord. No. 87-19]
A.
Notice to owner to remove. The Health Officer or other
enforcing officer is hereby authorized and empowered to notify the
owner of any open or vacant private property within the borough or
the agent of such owner to properly dispose of litter located on such
owner's property which is dangerous to public health, safety or welfare.
Such notice shall be by personal service, or by registered mail, addressed
to such owner at his or her last known address.
B.
Action upon noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within ten days after receipt of written notice provided for in Subsection A above, or within 15 days after the date of such notice in the event the same is returned to the borough postal service because of its inability to make delivery thereof and provided that the same was properly addressed to the last-known address of such owner or agent, the Health Officer or other enforcing officer is hereby authorized and empowered to order its disposal by the borough.[2]
C.
Charge to be included in tax bill. When the borough
has effected the removal of such dangerous litter, or has paid for
its removal, the actual cost thereof, plus accrued interest at the
rate of 6% per annum from the date of the completion of the work,
if not paid by such owner prior thereto shall be charged to the owner
of such property on the next regular tax bill forwarded to such owner
by the borough, and such charge shall be due and payable by such owner
at the time of payment of such bill.
D.
Lien. When the full amount due the borough is not paid by such owner within 30 days after the disposal of such litter, as provided for in Subsections A and B above, then, and in that case, the Health Officer or other enforcing officer shall cause to be filed in the tax collector's office of the borough a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which such work was done. The filing of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to a delinquent penalty of 8% in the event same is not paid in full on or before the date the tax bill upon which such charge appears becomes delinquent. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectable as provided by law.
[1]
Editor's Note: See N.J.S.A., §§ 40:48-2.13
and 40:48-2.14.
[Amended 6-21-1971 by Ord. No. 71-12; 12-16-1974 by Ord. No.
74-32; 10-16-1978 by Ord. No. 78-26]
Any person violating any of the provisions of this chapter shall upon conviction be punished in accordance with the general penalty provision as set forth in Chapter 1, General Provisions, Article 1.
